[WSBARP] Prelitigation Bad Faith - Awarding Attorney Fees - "Too Big To Care"

[Rob Rowley]

Division III with both barrels ablaze especially the concurrence thrown in
for good measure.



Feb. 17, 2022 - 37448-3 - Dalton M, LLC v. North Cascade Trustee Services,
Inc., et al

https://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=374483MAJ





“We must reverse the superior court’s judgment in favor of Dalton M on the
slander of title claim because the bank’s darkening of the land title did
not interfere in any pending sale by Dalton M. We still affirm an attorney
fees award, however, because of the equitable exception to the American
rule that generally denies an award of attorney fees to the prevailing
party. In a case of first impression, we hold that fees can be awarded for
the prelitigation bad faith of a party that entails a refusal to honor a
valid claim, thereby forcing the plaintiff to file suit to rectify a
problem.”





“More pressing problems plague the American judicial system. Still, the
“too big to care” phenomenon troubles the judicial system by leading to
lawsuits when the rare customer has the stamina and resources to right a
wrong. Courts can play a role in limiting this bane by imposing fees and
costs of litigation on the “too big to care” company when it fails to
timely and fairly resolve a legitimate claim.”





Robert R. Rowley

Attorney & Counselor At Law

p: 509.252.5074  m: 509.994.1143

f: 509.928.3084

a: 7 S Howard St, Ste 218, Spokane, WA 99201

w: rowleylegal.com  e: rob at rowleylegal.com

Google Review: https://g.page/r/CTxNMUIBtg1SEAg/review



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